South Africa Case Law

Mabuli and Another v South African Legal Practise Council (030312/23)

Mabuli and Another v South African Legal Practise Council (030312/23) [2025] ZAGPPHC 172 (25 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

030312/23

Judges

M M MABESELE, GCAWU-DAMBUZA

The court found that the applicant failed to provide a reasonable explanation for the delay in launching the review application. Financial constraints and illness, while understandable, did not justify the extent of the delay, especially as the practice continued to operate. The delay in receiving the record from the respondent did not prevent the applicant from filing the application timeously and supplementing it later. The applicant's claims of prejudice were unconvincing, and no sufficient grounds were shown for condonation. Furthermore, the applicant had no prospects of success on the me…

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• Judicial Review
• Condonation
• Undue Delay Rule
• Professional Conduct
• Prospects Of Success

Gauteng Provincial Government and Others v Thelma (JS256/15)

Gauteng Provincial Government and Others v Thelma (JS256/15) [2019] ZALCJHB 258 (28 August 2019)

Court

Labour Court Johannesburg

Case number

JS256/15

Judge

G N Moshoana

The applicants' attempt to introduce a counterclaim by invoking Rule 28 of the Uniform Rules was procedurally improper, as the Labour Court Rules do not provide for counterclaims and Rule 28 is not available for this purpose. The correct procedure would have been to seek the respondent's agreement or leave of court to deliver a counterclaim as part of the statement of response, in accordance with Uniform Rule 24, which the applicants failed to do. Furthermore, the substance of the counterclaim amounted to a review of the applicants' own decision to extend the respondent's appointment, which s…

Source excerpt

• Amendment Of Pleadings
• Counterclaim
• Undue Delay Rule
• Section 77 3 Bcea
• Section 158 1 H Lra

Kwa Sani Municipality v Underberg/Himeville Community Watch Association and Another (415/13)

Kwa Sani Municipality v Underberg/Himeville Community Watch Association and Another (415/13) [2013] ZAKZPHC 60 (30 October 2013)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

415/13

Judge

Koen

The High Court dismissed a municipality’s challenge to a services agreement and related arbitration, holding that the review was brought too late.

• Municipal Procurement
• Principle Of Legality
• Preferential Procurement Policy Framework Act
• Undue Delay Rule
• Administrative Action
• Review Proceedings